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The Matrimonial StrategistLJN NewslettersNewsSections

Adultery and the Fifth Amendment

By James W. Korman

Thirty-three states still have fault grounds of divorce. Adultery is one of the grounds in all but two of those states. In many jurisdictions, adultery is also a crime. So the question arises, if you file a Complaint for Divorce, which is, after all, a civil action, can the party accused of adultery plead the Fifth Amendment to refuse to respond to inquiries that touch on the affair? And are there limits on asserting the Fifth? Generally, the answer to both questions is “yes.”

'Pleading the Fifth'

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